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Anonymous

Posted 1 day ago

I m not a working women and a mother of 8 years old daughter.My husband is a goverment employee(doctor).How much maintainence will i get after divorse?Will my daughter stay with me? da

A. Off course ur daughter will stay with u.
And ur maintenance will depend on collective analysis of liabilities and assets of ur husband.

Plz approach to a competent lawyer of ur city.

Antriksh saxena advo
Bareilly
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Anonymous

Posted 3 days ago

I had a past relationship with a person . But he was not serious for me so i chose to move on.i didn't tell anything to my husband about this.but he got to know through a past chat that was of 8 months before my marriage. My husband always want me to do what he wants but unfortunately i am an independent i have right to take my own decisions .so he is always insulting me whenever i don't obey him. I always tried for this relationship. But he never understands. Now i am done it has been only 6 months of our relationship but i am.not happy so is it possible to take divorce ? And what about the past relationship ? Will that became a point against me ??

A. Dear Madam,
He cannot do anything against you. Because the court never considers the activities before the marriage. It is not a ground for him to abuse and it amounts to cruelty and good ground for divorce for you as continuous torture on suspicion is good and valid ground.
Please give me Rank 5 if you feel my answer helped you.
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
ANISH  PALKAR
ANISH PALKAR Experience: 13 Year(s) Mumbai suburban
Ayantika Mondal and Anik @ Prime Legal
Ayantika Mondal and Anik @ Prime Legal Experience: 11 Year(s) Bangalore
I stay with my mother (father passed away 2 yrs back). My sisters stay close by and often visit home as my mother feels lonely. My wife never liked my sisters visiting home frequently as she will have to show some hospitality unwillingly. She always finds fault with my mother and has never followed any of our culture or practices. Even after marriage, her inclination is more towards her family. She wants me to stay away from my mom and siblings and stay with her where she wants so that she can lead her life without any restrictions. My wife went for delivery in 2018 August (1 yr 9 months). Since then she never returned. She only came for a small function at home and stayed for 10 days and returned back. She has shifted to a house near her office and stays with her mother and brother. To stay there, she gave an excuse that she can feed the child & took all her belongings and I agreed hearing this reason. Earlier she used to visit my place twice a month only over the weekends. Since beginning of this year, she has stopped coming here and there are no talks between us. I have missed my daughters childhood. Even her family never involved and tried to resolve the issue, may be they want to keep her so that she can support them financially. She has never shared her finances with me till date. We are married since 2016 and in last 4.5+ years she has spent maximum months in her relatives house and even when at home, we have stayed like strangers for many months and since 1 year 9 months (though for delivery) we have hardly stayed together and since Jan 2020 no talks at all. There have been many fights between her and my parents (even physical 3 years back), and between me and her. My family is orthodox and she wants to be independent and has challenged and criticized our values. We have compatibility issues since beginning and I want to go for separation. I have been tolerating her wrong behavior with the fear that she will put any false case and harm my mother or sister. Can you please guide me: 1) Are these grounds enough to file a divorce case, I can not stay with her anymore and feeling suffocated in this relationship 2) I also fear that she can file any case such as DV or dowry harassment etc. Can she file a DV cased based on something that happened more than 3 yrs back? What other things should I keep in mind when I go for filing a divorce

A. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid future legal complications,
some basic points to keep in mind and put in writing through an MO ...ReadMore
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ANISH  PALKAR
ANISH PALKAR Experience: 13 Year(s) Mumbai suburban
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Ayantika Mondal and Anik @ Prime Legal
Ayantika Mondal and Anik @ Prime Legal Experience: 11 Year(s) Bangalore
My mom in 61 now, my father left us in 2004 i.e 16 yrs ago & her in laws discarded us after that. My parents are Hindu. As my mom was in govt. Job in small town & was a single mother as well she didn't filed a divorce. In 5 months she is getting retired so she wants to file a divorce after that. What will be process as no body knows my dads current whereabouts? Can she keep her last name after divorce? FYI her marriage was an arranged marriage. So we have marriage photographs & notary papers that my mom submitted in 1989 in her office to change her last name. As well as support of our relatives who attended the wedding. Do we need anything else to present our case? As my mom doesn't want any thing from her in law's or my father but want to keep her last name for my sake.

A. The document seems good enough. She can retain the name.
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Ask Kmr

Posted 1 week ago

A woman who is married at the age of 15 at 2009 at it is been 10 years... is that a valid marriage

A. She should have invoked her rights withing 3 years of attaining age of majority that is 18 years by 21 years she should have filed a petition for nullity, now the chances are very less but she may win on other grounds like cruelty etc. Please give me Rank 5 if you feel my answer helped you.
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Anonymous

Posted 1 week ago

am working woman. I got married one year before. My husband used to talk very harsh words and behave very aggressively . even before marriage means after engagement he and his family members ask for dowry in form of gifts, household things etc.My husband and his usually said that we had spent so so amount on his study, we had so so property , someone offered us a car in dowry and lot of such type of stuff. After marriage the same scenenrio was continued. But the most painful thing for me was he humiliate me before his parents and family members. He used very vulgar language for me. He threatened me to tourcher physically. Actually he was already tourchering me mentally. I spent only 20 days in his house but in these days I have been humiliated as a woman I felt this was for downing my self esteem. I left his house at last. Now we have no contact with each other for last almost 7 or 8 months. I want divorce because it was so painful for a newly married girl that his husband behaved and his family behaved like this. All instances have left never ending stains on my mind. But my husband is not agree for mutual divorce. Please help. My parents gave me gifts like furniture , gold, cash and all house hold in my marriage please tell me the procedure to take these gifts back from my in laws. Thanks in advance.

A. Dear Madam,
Divorce Laws in India
Divorce is the legal dissolution of marriage. A divorce is among the most traumatic misfortunes for any couple. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce one should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of dispu ...ReadMore
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Utkarsh Andharia

Posted 1 week ago

As adultery is no crime any more, but still it can be ground for asking divorce. If husband ask for divorce against his wife with base of adultery by his wife, can wife ask for alimony or maintenance from husband? Husband can denied as his wife is guilty? If adultery is completely proven by wife.

A. It all depends upon the serous of the adultery. Normally the wife is entitled to following alimony.
Please give me Rank 5 if you feel my answer helped you.
========================================================

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per m ...ReadMore
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Anonymous

Posted 1 week ago

i am a muslim man , after 10 year of marriage I want to take divorce from my wife , so what is the legal process to take divorce ?

A. Dear Sir,
Ending a Marriage
Marriage is a contract under Muslim law, which may be in a written form or an oral form. A married Muslim couple under the law has to fulfill certain marital obligations such as living together and having sexual relations. Apart from marital obligations, they also have certain legal obligations to fulfill, such as:
• Dividing the property (land, flats, investments and insurance) of the husband and wife.
• Giving maintenance to the wife.
• Right to dower/mehr of ...ReadMore
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Ayantika Mondal and Anik @ Prime Legal
Ayantika Mondal and Anik @ Prime Legal Experience: 11 Year(s) Bangalore
ANISH  PALKAR
ANISH PALKAR Experience: 13 Year(s) Mumbai suburban
ARSHAD ALI ZAIDI ADVOCATE
ARSHAD ALI ZAIDI ADVOCATE Experience: 2 Year(s) Saharanpur
ask_a_question

Anonymous

Posted 1 week ago

CAN I GET DIVORCE ON MEDICAL GROUNDS, I got married in Oct 2019,(arranged marriage) my age is (26) my partner(wife) hid the disease of hepatitis B from me, during miscarriage on Feb 2020 I came to knew that, luckily I didn't get infected from that, Dr. advised not have a baby as the disease spread to the liver, things are getting worse from my father in law side, so I decided to settle the issue, can anyone give a legal opinion in this regard during this time.

A. You can not get divorced on medical ground. A husband can not be granted divorce simply on the basis of
his wife not being able to conceive and bear children, a family court in Mumbai has ruled.
“Merely for not being able to bear a child for the
petitioner-husband due to ovarian failure, it cannot be said
that divorce can be granted on the said ground.
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Meenakshi  Garg
Meenakshi Garg Experience: 3 Year(s) North Delhi
Suneel  Moudgil
Suneel Moudgil Experience: 16 Year(s) Panipat
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ask_a_question

Anonymous

Posted 1 week ago

Meri friend ki shadi ko 8 sal ho gaye h uska abhi tak koi baccha nahi hua h..uska pati usse umar me 17 sal badha hai...wo use mansik rup se bahut pareshan karta hai aur gali galoch b karta hai..wo admi ka harkat b thik nahi h bahut sari ladkiyo se ashlil bat karta h... isliye ab wo uske sath nahi rahna chahti ..aur divorce lena chahti h ..lekin uska pati divorce nahi dena chahta ...mere sath uski bahut acchi jamti hai ham ek dusre ko do sal se jante hai aur shadi karna chahte hai...lekin divorce me bahut time lag jayega ...kya ham divorce se pahle live in relationship me rah sakte hai...uska pati kya case kar skta hai...aur talak kaise le sakte hai...plz advice dijiye

A. sabse pahle to apni friend ko kahe ki apne pati ke khilaf gharelu hinsa, maintenance ka case dayar kare aur police complaint bhi kare,
uske baad talak ka case dale,
talak liye bina tumhare saath rah sakti hai ismein koi bhi criminal offense nahin banta
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